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04-21-1988 Regular MeetingBGGR ~4 PACF " ~U REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY FIRST DAY OF APRIL IN THE YEAR NINETEEN HUNDRED EIGHTY EIGHT. PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steve W. Edwards Thomas L. Ross Richard L. Turne= _ Also attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Kenneth L. Chandler, Assistant to the County Administrator Hilda W. Harmon, Budget and Finance Coordinator Charlie W. Phelps, Sheriff Betty Scott, Assistant Clerk The Chairman called the meeting to order at 7:00 P.M. The invocation was given by Rev. Vincent Thomas. // Chairman Bradby called for a public hearing on the proposed 1988-89 School Board budget. Dr. Linda Morgan, Isle of Wight School Board Chairman, presented the proposed 1988-89 budget. Dr. Morgan stated -the priority of the budget is teachers' salaries followed by a request for seven new elementary teachers, 3 special education teachers, two secondary teachers and 5 ~~rimary aides. Dr. Morgan continued stating there is a need for duty free lunches for the elementary teachers since the State did not fully fund the request, therefore, the School Board i5 asking the County to consider funding the remaining cost. There is a need for seven additional regular buses, one service vehicle and five mobile. classrooms, said Dr. Morgan. Dr. Morgan asked the Board to continue to support the five year improvements plan. Dr. Morgan asked the Board to be diligent and supportive in its consideration of the 1988-89 School budget. Jeff Evans, President of the Teachers' Association of Isle of Wight County, stated he was in support of the proposed budget and distributed copies of a comparison report for holders of bachelor's degreE~s. Mr. Evans asked the Board members to please take the comparison into consideration when contemplating the 1988-89 school budget. Dorothy Jones, parent at Hardy Elementary .School, stated she does not support the request for five mobile classrooms, stating it is discouraging because it takes a ?ong time to build a school and feels the money should be spent for a school rather than wasting the money for mobile classrooms. Mrs. Jones urged the Board to make planning for a new school the number one priority in the school budget. Karen Speirs, citizen in Newport District, stated she supports the entire budget. Two of her concerns were teachers' salaries and transportation for the school children. Mrs. Speirs asked the Board to fully support the school budget as presented. Rev. Vincent Thomas, Pastor of Gravel Hill Baptist Church, asked the Board to look very critically at the proposed budget for the coming year because he feels there is a lot of fat that does not affect the budget directly or indirectly. Rev. Thomas recommended the Board give the school budget no more this year than they received last C 1 year. aoaK 14 ~A~E .77 David Hardy, Hardy resident, expressed concern regarding the use of diesel school buses. Mr. Hardy feels the mechanical and maintenance of diesel buses is too costly. 1 J William H. Barrett, who identified himself as a citizen in the southern end of the County, commended Dr. V. J. Morlino, Superintendent of Schools, for keeping the budget to "bare bones". Mr. Barrett asked the Board to stop and consider where the money is coming from and where it is going. The taxpayers want to know where the money is going, said Mr. Barrett. Mr. Barrett asked the Board to lock at the information carefully and make the best decisior, they could. Dr. Morlino spoke in support of the educational system in Zsle of Wight County and stated he feels the budget is in sufficient detail and it contains year to year comparisons. Dr. Morlino stated competitive bids are obtained every three years for insurance and honest figures have been displayed of what is spent as compared to the budget. The budget reflects actual premiums paid, said Dr. Morlino. The gasoline prices are based on what we pay based on actual usage for the past year, stated Dr. Morlino. Dr. Morlino continued stating the five year improvements plan was adopted by the Board last year with a year to year priority of the school budget and this Board chose to fund some of the programs the first year and some the second year which is now in process. The mandate for teachers' salaries is required by law, otherwise, $92.00 per student or $400,000 can be lost. Dr. Morlino respectfully requested the Board to favorably consider and fund fully the 1988-89 school budget. Following discussion, Chairman Bradby stated no action could be taken on the budget tonight, as the law requires a seven day period following the public hearing before consideration of the budget. // The Chairman called for a public hearing or. the following rezoning applications: 1. The application of Gurney Rhodes, Jr. for a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, one acre of land located on the north side of Route 633, between Routes 634 and 612, in Windsor Magisterial District. The purpose of the application is for the permanent location of one mobile home. Gurney Rhodes, Jr. appeared and stated his home had burned and he would like to place a mobile home on his property in which to live. No one appeared in opposition. The Planning Commission voted unanimously to recommend approval, said Mr. Caskey. 1 Supervisor Bradshaw moved the Board approve the application of Gurney Rhodes, Jr. for a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, one acre of land located on the north side of Routes 633, between Routes 634 and 612, in Windsor Magisterial District. The motion carried unanimously (5-0). . 2. The application of Henry E. Layden for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, 26 acres of land located on the west side of Route 677, between Routes 626 and 678, in Hardy Magisterial District. The purpose of the aoo~ ~4~~• 78 ~: application is for no more than 13 rural residential lots. (Tabled 4/7/88) County Attorney Crook advised the Board members that the applicant's attorney had requested the application be tabled again for 30 days (May 19, 1988 Board meeting). On motion of Supervisor Turner, the Board voted unanimously (5-0) to grant the applicant's request to table consideration of his application until May 19, 1988. 3. The request of Smithfield Packing Company and Isle of Wight/Smithfield Chamber of Commerce to hold the second Smithfield Ham and Gourmet Food Festival'on Saturday, April 30, 1988, at Aberdeen Farm, located off Route 673 in Hardy Magisterial District. . Alan S. Nogiec, Director of Parks and Recreation and appearing on behalf of the Chamber of Commerce Steering Committee for the Smithfield Ham and Gourmet Festival, stated this is the second year of the event and asked the Board to look favorably•on the application. No one appeared in opposition. The Planning Commission recommended approval of the application by unanimous vote, stated the Chairman. Supervisor Ross asked County Attorney Crook if he should .abstain, to which he replied, "Yes". Supervisor Turner moved the Board approve the request of Smithfield Packing Company and Isle of Wight/Smithfield Chamber of Commerce to hold the second Smithfield Ham and Gourmet Food Festival on Saturday, April 30, 1988, at Aberdeen Farm., located off Route 673 in Hardy Magisterial District. The motion passed with Supervisors Turner, Bradshaw, Bradby and Edwards voting aye and Supervisor Ross abstaining (4-0-1). // Dr. Hoffman Brown appeared expressing his concerns with the School Board. Additional speakers on the matter were Fred Thompson, Windsor District resident, and Rev. Vincent Thomas, Pastor of Gravel Hill Baptist Church. The Chairman stated the concerns will be addressed later during the executive session of the Board of Supervisors.. // At 8:35 P. M., Supervisor Turner moved the Board have a ten minute recess, which passed unanimously (5-0). The Board reconvened at 8:50 P.M. // Assistant County Administrator/Community Development, W. Douglas Caskey, presented the following conditional use permit applications for the Board's consideration: 1. The application of John S. and Brenda J. Dobson for a conditional use permit to locate a mobile home for thirty six months while building a residence on ten acres of land located on the west side of Route 654, between Routes 692 and 644, in Newport Magisterial District. No one appeared in favor or in opposition. The Planning Commission voted unanimously to recommend approval for a period of thirty six months, said Mr. Caskey. 1 J 1 BOOL ~4 PAGE .79 1 On motion. of Supervisor Edwards, the Board voted unanimously (5-0) to approve the application of John S. and Brenda J. Dobson for a conditional use permit to locate a mobile home for thirty six months while building a residence on ten acres of land located on the west side of Route 654, between Routes 692 and 644, in Newport Magisterial District with the condition the conditional use permit be terir,~nated upon issuance of an occupancy permit for the permanent dwelling. 2. The application of Frank B. Emmerson, III and Lahoma Emmerson, owners, and Steven and Karin Jagiela, prospective owners, for a conditional use permit to locate a mobile home for eighteen months while renovating an existing residence, on 2.025 acres of land located on the south side of Route 621, between Routes 626 and 627, in Hardy Magisterial District. No one appeared in favor or in opposition. The Planning Commission voted to recommend approval of the application for a period of eighteen months or at completion of the residence, whichever comes first, stated Mr. Caskey. 1 Supervisor Bradshaw moved the Board approve the application of Frank B. Emmerson, III and Lahoma Emmerson, owners, and Steven and Karin Jagiela, prospective owners, for a conditional use permit to locate a mobile home for eighteen months while renovating an existing residence, on 2.025 acres of land located on the south side of Route 621, between Routes 626 and 637, in Hardy Magisterial District with the condition the conditional use permit be terminated upon issuance of an occupancy permit for the permanent dwelling. The motion passed by unanimous vote (5-0) of the Board. 3. The application of Bobby W. Newsome for a conditional use permit to locate a mobile home for thir~y six months while building a residence on 30.29 acres of land located on the east side of Route 10, between Routes 703 and 621, in Hardy Magisterial District. No one appeared in favor or in opposition. The Planning Commission voted unanimously to recommend approval of the application with the condition that the mobile home be located on the property for no more than thirty six months or until the residence is completed, stated Mr. Caskey. Supervisor Ross moved the Board approve the application of Bobby W. Newsome for a conditional use permit to locate a mobile home for thirty six months while building a residence on 30.29 acres of land located on the east side of Route 10, between Routes 703 and 621, in Hardy Magisterial District, with the condition the conditional use permit be terminated upon issuance of an occupancy permit for the permanent dwelling. The vote in favor was unanimous (5-0). L 4. The application of Thomas C. and Alice D. Lawson for a conditional use permit to locate a mobile . home for Ruth Darden, Mrs. Lawson's sister, on 60.4 acres of land located on the east side of Route 692, between Routes 652 and 654, in Newport Magisterial District. No one appeared in favor or in opposition. Mr. Caskey stated the Planning Commission voted unanimously to recommend approval of the application. Supervisor Turner moved the Board approve the application of Thomas C. and Alice D. Lawson for a conditional use permit to locate a mobile home for Ruth Darden, Mrs. Lawson's sister, on 60.4 acres of land located BOOt ~~ PACE •OO~ on the east side of Route 692, between Routes 652 and 654, in Newport Magisterial District, with the condition the mobile home be occupied only by Ms. Darden and her immediate family. The motion passed (4-0-1) with Supervisors Bradby, Bradshaw, Turner and Ross voting aye. Supervisor Edwards stated that he abstained since Ms. Darden is related to him. 5. The application of Mary C. Stephenson for a conditional use permit to Locate a mobile home for her grandson, John Mark Stephenson, on 59.6 acres of land located on the south side of Route 611, between Route 612 and the intersection of Routes 611 and 632, in Windsor Magisterial District. No one appeared in favor or in opposition. The Planning Commission voted unanimously to recommend approval of the application, said Mr. Caskey. On motion of Supervisor Bradshaw, the Board voted unanimously (5-0) to approve the application of Mary C. Stephenson for a conditional use permit to locate a mobile home for her grandson, John Mark Stephenson, on 59.6 acres of land located on the south side of Route 611, between Route 612 and the intersection of Routes 611 and 632, in Windsor Magisterial District, with the condition the mobile home be occupied only by John Mark Stephenson and his immediate family. 6. The application of Rex W. and Debra Alphin for a conditional use permit to locate a mobile home for thirty six months while building a residence on sixty acres of land located off the west side of Route 614, between Routes 258 and 603, in Windsor Magisterial District. No one appeared in favor or in opposition. The Planning Commission voted unanimously to recommend approval of the application with the condition that the mobile home only be located on the property for no more than thirty six months or until the residence is completed, said Mr. Caskey. Supervisor Bradshaw moved the Board approve the application of Rex W. and Debra Alphin for a conditional use permit to locate a mobile home for thirty six months while building a residence on sixty acres of land located off the west side of Route 614, between Routes 258 and 603, in Windsor Magisterial District with the conditior. the conditional use .permit be terminated upon issuance of occupancy permit for the permanent dwelling. The vote in favor was unanimous (5-0). Mr. Caskey presented the following subdivisions for the Board's consideration: 1. Plat showing property of Willie Jo Love and Betty E. Love, Lots A through F, 8.733 total acres of land located on Route 10, in Hardy Magisterial District. No one appeared in favor or opposition. Mr. Caskey stated the property is located in the Hardy Election and Magisterial Districts and the site is located on Route 10 near the Surry County line. It is within an area that is either residential or developing with residential uses and -the Ennisdale Farm .Subdivision is located on the rear side of the site, stated Mr. Caskey. The property was rezoned to C-RA, Conditional Rural Residential, in April 1986 with the conditions being (a) four lots for children and (b) two other rural residential lots, stated Mr. Caskey. Mr. Caskey continued stating the plat has been reviewed and approved by the Virginia Department of Transportation, the Virginia Department of Health and the Department of Community Development. The U 1 BOOK ~4 PAGf S1 Planning Commission voted unanimously to recommend approval of the plat, said Mr. Caskey. 1 On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the plat showing property of Willie Joe Love and Betty E. Love, Lots A through F, 8.733 total acres of land located on Route 10, in Hardy Magisterial District. 2. Plat showing Lawrence Meadows Subdivision, which is a subdivision of 16 lots, located on Route 603, in Windsor Magisterial District. No one appeared in favor or in opposition. Mr. Caskey stated the proposed subdivision is located in the Windsor Magisterial and Election Districts and the site is located on Route 603 in a rural area which consists primarily of farm land. There are several clusters of small strip subdivisions located along Route 603 west of the site and a mobile home .park and the Hazelwood and Carolwood Subdivisions are located at the intersection of Routes 600 and 605 approximately one mile west of the site toward Windsor, stated Mr. Caskey. The property was rezoned to R-A, Rural Residential, in June 1987 for the purpose of creating the subdivision, and with the conditions of (1) no more than twenty four rural residential lots and (2) no more than three. lots fronting on Route 603, said Mr. Caskey. Mr. Caskey continued stating the subdivision plat and engineering plans have been reviewed and approved by the Virginia Department of Transportation, Virginia Department of Health, Soil Conservation Service and the Department of Community Development. The Planning Commission voted to recommend approval of the plat, said Mr. Caskey. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to approve the plat showing Lawrence Meadows Subdivision, which is a subdivision of sixteen lots located on Route 603, in Windsor Magisterial District. // At the request of County Administrator Standish the Board amended the agenda to take up Old Business, Item VII. On motion of Supervisor Turner, the Board unanimously (5-0) concurred. The Chairman called for consideration of the following rezoning application which was tabled at the Board of .Supervisors' April 7, 1988 meeting due to a tie vote (Supervisor Turner having been absent from the April 7, 1988 meeting): The application of Joe C. and Rose B. Warren and Virginia Timber Company, Inc., owners, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 215 acres of land located on the west side of Route 652, between Routes 682 and 681, in Hardy Magisterial District. The purpose of the application is for no more than twenty one rural residential lots. 1 Supervisor Turner stated he supported the application with the condition the contract between the owners and buyers that the County is not and will not+be responsible for the roads, that it is the purchasers' responsibility. If that condition is added, my vote will be affirmative, said Supervisor Turner. County Attorney Crook stated that information is required to be on the plat. eoaK 14 PAGE ~ ~~~ Wayne Melchor, representing Virginia Timber Company, stated that was a proffered condition and will be in the contract and in the deed of conveyance. Supervisor Turner cast his vote in favor of approving the application of Joe C. and Rose B. Warren and Virginia Timber Company, Inc., owners, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 215 acres of land located on the west side of Route 652, between Routes 682 and 681, in Hardy Magisterial District. The application was approved (3-2) by the Board with Supervisors Ross, Bradshaw and Turner voting aye and Supervisors Edwards and Brac.by voting nay. // Supervisor Edwards moved that the Board reconsider the borrow pit application of Virginia S. FedonchucklBenns Church Properties which had been denied by the Board at the preceding meeting (April 7, 1988) on a vote of 2-1-1 he having voted for denial, it being his intention to change his vote. The motion passed with Supervisors Edwards and Ross voting in favor, Supervisor Bradby against and Supervisors Bradshaw abstaining. Supervisor Edwards then moved the Board table action on the borrow pit application to allow time for the borrow pit ordinance to be amended and to reconsider the application at the July 7, 1988 Board of Supervisors meeting. The motion carried (2-1-2) with Supervisors Ross, and Edwards voting aye, Supervisors Bradby against and Supervisors Turner and Bradshaw abstaining. Supervisor Turner introduced Benny Owens, from Lynchburg with the Virginia Division of Mining, who discussed the State's position relative to health standards and reclamation of borrow pits. // At 9:30 P.M. Supervisor Edwards moved the Board go into executive session to discuss with legal counsel and staff members personnel matters. The motion passed unanimously (5-0). The Board reconvened at 10:4.0 P.M. // Upon returning to open session, Chairman Bradby stated the Board had taken the citizens comments relative to the School Board Superintendent very seriously. Supervisor Edwards moved the Board authorize the Chairman of the Board of Supervisors to send the following letter to the School Board along with the accompanying petitions presented to the Board: "April 21, 1988 Dr. Linda Morgan, Chairman Isle of Wight County School Board Isle of Wight, Virginia 23397 Dear Dr. Morgan: The Board of Supervisors has a tremendous degree of respect for the role of the School Board in determining educational policy and making personnel decisions. We have no desire to usurp that role. u i~ At the same time, we recognize that as a result of our status as the legislative body of Isle of Wight County, it is our ultimate responsibility to provide for the aaoK 14 P ~ 83 future of our County. No service is more vital to the future o~ our County than public education. We are deeply concerned that our students receive the quality of education that they deserve. We are passing on to you the concerns that many citizens presented to us at the School Board budget hearing. We urge you as the School Board to carefully consider these concerns and take appropriate action. Yours truly, Henry H. Bradby, Chairman Isle of Wight County Board of Supervisors HHB:bas" // County Attorney Crook presented the revised proposed "Amended Ordinance To Impose and Levy License Taxes for Businesses, Trades, Professions, Occupations and Callings" which was tabled at the April 7, 1988 meeting. Supervisor Bradshaw expressed concern regarding the fortune tellers tax and asked that the tax remain $500 per year instead of increasing to $1,000 per year as permitted by the State law. Mr. Ecoff, a contractor in the County, expressed concern regarding double taxation on gross receipts. 1 David Hardy, County resident, stated he felt that persons should be taxed on net, not on gross paying compound taxes upon compound taxes. Following discussion, Supervisor Edwards moved the Board adopt the amended "Ordinance To Impose and Levy License Taxes for Businesses, Trades, Professions, and Occupations" with the condition the fortune teller tax be dropped to $500 per year. The vote in favor was unanimous (5-0). AN ORDINANCE TO IMPOSE AND LEVY LICENSE TAXES ON BUSINESSES, TRADES, PROFESSIONS AND OCCUPATIONS WHEREAS, the General Assembly of Virginia has provided in Title 58.1, Chapter 37, Section 58.1-3703 that the governing body of any county may levy and provide for the assessment and collection of county license taxes on businesses, trades, professions, occupations and callings and upon the persons, firms and corporations engaged therein within the county. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT that in order to provide necessary funds for the operation of the government of the County and to provide funds necessary for debt retirement and other necessary expenditures, they hereby adopt and ordain the following ordinance: ARTICLE I. IN GENERAL Section 1. Violations of chapter. Unless otherwise specifically provided, a violation of any provision of this ordinance shall constitute a Class 3 misdemeanor. sooK 14 PACE .84 Section 2. Required. It shall be unlawful for any person to engage in any trade, occupation, service, profession, business, business transaction or other activity for or on which a license tax is imposed by this ordinance, unless he has a current license so to do issued by the Commissioner of Revenue. Section 3. Interrogatories ro ounded to app scant. As a means of ascertaining the amount of any license tax, the Commissioner of Revenue or any duly sworn deputy may propound interrogatories to an applicant for a license under this ordinance and use such other evidence as he may procure. Such interrogatories shall be answered under oath. It shall be unlawful for any applicant to refuse to answer such interrogatories under oath. Section 4. General assessment of taxes. There are hereby assessed against the various trades, occupations, services, professions, businesses, business transactions and other activities enumerated in article II of this ordinance, for revenue purposes, the specific license taxes set forth in article II of this ordinance. Unless otherwise specifically provided, such taxes are assessed on an annual basis. Section 5. When tax due and payable; penalty and interest on delinquencies. (a) All license taxes prescribed by this chapter shall be due and payable on January first of each year and, if not paid by March first of the year for which assessed, a penalty of ten (10) percent of the amount of the tax shall be imposed,, provided the trade, occupation, profession, employment, business, business transaction or other activity is one which is being engaged in or conducted on January first of that year. If, after January first of any year, such trade, occupation, profession, employment, business, business transaction or other activity is begun, the person beginning the same shall obtain his license and pay the tax at the time of such beginning and, if the tax remains unpaid for sixty (60) days after it is assessable, a penalty of ten (10) percent of the tax shall be imposed. (b) On all license taxes payable under this ordinance which are not paid within sixty (60) days after the due date, interest in the amount of ten (10) percent per annum on the unpaid balance of the tax shall be charged and shall begin to accrue sixty (60) days after the due date of the tax. Section 6. Estimates for determining tax for beginners and persons previously. licensed for less than a year. (a) For the purpose of ascertaining the license tax to be paid by any person beginning a new business, employment or profession, and whose license tax is based on gross receipts or purchases, the licensee shall estimate the basis for measuring the license tax between the date of issuance of the license and the thirty-first of December following.. 1 eo~K ~ 14 ~~~~ 85 1 (b) The license tax of every person who was licensed at a definite place of business for only a part of the next preceding license year shall be computed for the then current license year on the basis of an estimate of the amount of gross receipts or purchases which the licensee will receive or make throughout the then current license year. (c) Every underestimate under this section shall be subject to correction by the Commissioner of Revenue, whose duty it shall be to assess such licensee with such additional taxes as may be found to be due after the close of the license year on the basis of gross receipts or purchases. In case of an overestimate, the Treasurer shall refund the amount of the overpaid tax. Section 7. Keeping and exhibiting license. Every person issued a license under this ordinance shall keep the same in a convenient place and, whenever requested to do so, shall exhibit the same to the Commissioner of Revenue or Sheriff or any other officer of the County authorized by the Board of Supervisors to inspect such lincense. Section 8. Proration. ~l In the event a person issued a license under this ordinance shall cease to engage in the business, trade, profession or calling for which he was licensed during the year for which the license was issued, he shall be entitled upon application to a refund for that portion of the license tax paid, over and above the minimum flat tax, prorated on a monthly basis so as to ensure that the licensed privilege is taxed only for that fraction of the year during which it is exercised. Sections 9 through 17. Reserved. ARTICLE II LICENSE TAX SCHEDULE Section 18. Alcoholic beverages. (a) Every person engaged in selling or dispensing alcoholic beverages shall pay the following license taxes: (1) For each retail mixed alcoholic beverage license ......................... $100.00 (2) For each retail on-premises beer license ......................... 20.00 (3) For each retail off-premises beer license ......................... 20.00 (4) For each retail off-premises wine and beer license .................... 37.50 (5) For each retail on-and off- premises wine and beer license............ 75.00 (b) No license shall be issued under this section to any person, unless such person shall hold, or shall secure simultaneously therewith, the proper state license required by state law, which state license shall be exhibited to the Commissioner of Revenue. B OOI ~4 ~ PACE Old (c) Each license issued under this section shall be in lieu of a merchant's or restaurant's license on that portion of the business of the licensee covered thereby, but no such license shall relieve any licensee of any other County license required by this or any other ordinance. (d) No license required under this section shall be transferable from pne person to another, but may be amended to show a change in the place of business within the County. Section 19. Telephone and telegraph companies. The license tax on each telephone or telegraph company shall be one-half of one•percentum of gross receipts, except that charges for long distance telephone calls shall not be considered as a part of such gross receipts. Section 20. Water and heat, light and power companies. The license tax on each corporation furnishing water or heat, light and power, whether by means of electricity or gas, shall be one-half of one percentum of gross receipts. Section 21. Coin machine operators. (a) As used in this section, the term "operator" means any person selling, leasing, renting or otherwise furnishing or providing a coin-operated machine or device operated on the coin-in-the-slot principle; provided, however, the term "operator" shall not include a person owning less than three (3) coin machines and operating such machines on property owned or leased by such person. (b) The license tax on each operator shall be two hundred dollars ($200.00) for the operation of ten (10) or more machines or devices referred to in subsection (a) above. For the operation of three (3) to nine (9) such machines or devices, the license tax shall be one hundred ninety dollars (190.00). (c) Notwithstanding tr.e situp requirements of section 58.1-3708 of the Code of Virginia, the tax prescribed by this section shall apply to an operator, when any coin-operated machine or device operated on the coin-in-the'-slot principle of such operator is located within the County. (d) The operator's license tax prescribed by this section shall not be applicable to operators of weighing machines, automatic baggage or parcel checking machines or receptacles, nor to operators of viewing machines or photomat machines, nor to operators of devices or machines affording rides to children or for the delivery of newspapers. Section 22. Carnivals (a) The license tax on each carnival shall be one hundred dollars ($100.00) per day. (b) As used in this section, the term "carnival" means an aggregation of shows, amusements, concessions and riding devices, or any of u BOQK ~4 PACE S? them, operated together on one lot or street or on continuous lots or streets, moving from place to place, whether the same are owned and actually operated by separate persons or not. The term includes, but is not limited to, sideshows, dog and pony shows, trained animal shows, circuses and menageries. _l Section 23. Fortune tellers. (a) The license tax on each fortune teller shall be five hundred dollars ($500.00) per year. (b) As used in this section, the term "fortune teller" shall include a clairvoyant, a practitioner of palmistry, a phrenologist, a faithhealer, a star analyst, a handwriting analyst, who attempts to predict the future, or any other person who attempts to predict the future. Sections 24 through 29. Reserved. DIVISION 2. CONTRACTORS Section 30. Amount of tax. The license tax on each contractor or person engaged in contracting shall be either $30.0.0 or 10 cents per $100.00 of gross receipts up to $1,500,000.00, and 6 2/3 cents per $100.00 of gross receipts over $1,500,000.00, whichever is greater. Section 31. "Contractor" defined. 1 A contractor, for purposes of this division, is any person who accepts or offers to accept: (1) Orders or contracts for doing any work on or in any building or structure, requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead or other metal or any other building material. (2) Contracts to do any paving, curbing or other work on sidewalks, streets, alleys or highways, on public or private property, using asphalt, brick, stone, cement, concrete, wood or any composition. (3) An order for or contract to excavate earth, rock or other material for foundation or any other purpose, or for cutting, trimming or maintaining rights-of-way. (4) An order or contract to construct any sewer of stone, brick, terra-cotta or other material. (5) Orders or contracts for doing any work on or in any. building or premises involving the erecting, installing, altering, repairing, servicing or maintaining of electric wiring; or the erecting, installing, repairing or maintaining of lines for the transmission or distribution of electric light and power or other utility services. (6) An order or contract to remodel, repair, wreck or demolish a building. (7) An order or contract to bore or dig a well. BOOK 14 P~~E ~ 88~ (8) An order or contract to install, maintain or repair air-conditioning apparatus or equipment, excluding air-conditioning units that are placed in windows or other openings with frames and that require no ducts. Section 32. Persons included in contracting classification--Generally.. The contracting classification taxed under this division generally includes, but is not limited to, persons engaged in the following occupations, businesses or trades: (1) Air-conditioning, except the exclusions mentioned in subparagraph (8) of section 31. (2) Brick contracting and other masonry. (3) Building. (4) Cementing. (5) Dredging. (6) Electrical contracting. (7) Elevator installation. (8) Erecting signs which are assessed as realty. (9) Floor scraping or finishing. (10) Foundations. (11) House moving. (12) Paint and paper decorating. (13) Plastering. (14) Plumbing, heating or steam fitting. (15) Refrigeration. (16) Road, street, bridge, sidewalk or curb and gutter construction. (17) Roofing and tinning. (18) Sewer drilling and well digging. (19) Sign painting, where the sign is fainted on the side of a building or structure assessed as realty. (20) Structural metal work. (21) Tile, glass, flooring and floor covering installation. (22) Wrecking, moving or excavating. Section 33. Same--S eculative builders. Persons constructing for their own account for sale shall be included in the contracting category and subject to the tax prescribed by this division and this category shall include speculative buildings. 1 n Sections 34 through 38. Reserved. DIVISION 3. RETAIL SALES 800K 14 PACE ~~ Section 39. Definitions. For the purposes of this division, the following words and terms shall have the meanings ascribed to them in this section: 1 Itinerant merchant: Any person who engages in, does or transacts any temporary or transient business in the County, either in one locality or in traveling from place to place, in the sale of goods, wares and merchandise, and who, for the purpose of carrying on such business, hires, leases, uses or occupies any building or structure, motor vehicle, tent, car, boat or public room or any part thereof, including rooms in hotels, lodging houses or houses or private entertainment, or in any street, alley or public place in the County, for a period of less than one year, for the exhibition of or sale of such goods, wares or merchandise. Peddler: Any person who carries from place to place any goods, wares or merchandise and offers to sell or actually sells and delivers them at the same time. Any person who does not keep a regular place of business, whether it be a house or a vacant lot or elsewhere, with regular business hours, but at that place offers to sell goods, wares and merchandise, is a "peddler". Any person who keeps a regular place of business, with regular business hours at the same place, who, other than at that regular place of business, personally or through agents, offers for sale or sells and, at the time of such offering for sale, delivers goods, wares and merchandise, is a "peddler". [] Retail merchant: Any person who makes retail sales. Retail sale: The sale of goods, wares and merchandise for any purpose other than resale, but not including sales at wholesale to institutional, commercial and industrial users. Section 40. Amount of tax. The license tax on each retail merchant or other person engaged in retail sales shall be either $30.00 or 12 cents per $100.00 of gross receipts up to $1,500,000.00 and 8 cents per $100.00 of gross receipts over $1,500,000.00, whichever is greater. Section 41. Application of tax to peddlers and itinerant merchants. Peddlers and itinerant merchants who sell goods, wares or merchandise at retail are engaged in retail sales and are subject to the tax prescribed by this division. Section 42. Merchants conducting both wholesale and retail business. 1 When a merchant conducts both a wholesale and a retail business, the merchant shall pay the retail sales license tax prescribed by this division on that portion of the business derived from retail sales, the merchant may, at his election, pay 'the license tax as a retail merchant on both the retail and wholesale portions of the business. Sections 43 through 47. Reserved. DIVISION 4. WHOLESALERS 60QK ~~ PACE 9O Section 48. Definition. The term "wholesaler", as used in this division, means any person who sells to others for resale or who sells at wholesale to institutional commercial or industrial users. Section 49. Amount of tax. (a) The license tax on each wholesaler shall be $30.00 or 5 cents per $100.00 of purchases, whichever is greater. (b) When a merchant conducts both a wholesale and a retail business, the merchant may, at his election, pay the license tax as a retailer on the wholesale portion of his business, as provided in section 42, , Section 50. Application of tax to peddlers. (a) Peddlers, as defined in section 39, who sell to licenses dealers or retailers are wholesalers and subject to the tax prescribed in this division. (b) This section shall not apply to: (1) A wholesale dealer regularly licensed by this County and who shall, at the same time, sell and deliver merchandise to retail merchants. (2) A distributor or vendor of motor vehicles fuels and petroleum products or seafood. (3) A farmer. (4) A dealer in forest products. (5) A farmers' cooperative association. (6) A producer of agricultural products. (7) A manufacturer taxable on capital by the Commonwealth of Virginia, who peddles the goods, wares or merchandise manufactured by him at a plant the capital of which is taxable by the. . Commonwealth of Virginia, and who peddles no other goods, wares or merchandise. (c) The exemption granted by subsection (b) above to a distributor ar vendor of motor vehicle fuels and petroleum products and a dealer in forest products is restricted to such peddling of motor vehicle fuels and petroleum products or forest products. In the case of a farmer, a producer of agricultural products or a manufacturer taxable on capital by the Commonwealth of Virginia, such exemption is restricted to the peddling of goods, wares or merchandise actually manufactured, produced or grown. by the seller. (d) Every person claiming an exemption under subsection (b) of this section, shall, upon request of the Sheriff, any police, tax or revenue officer of the County, furnish evidence of his claim, other than his mere statement that he is exempt from the D U 1 aooK ~14 Pace 91 i~ provisions of this division, and failure to furnish such evidence shall be sufficient ground for charging the person operating the vehicle involved in the sale or delivery with a violation of this ordinance. (e) Every person claiming exemption from the provisions of this section on the ground that he is delivering goods, wares, or merchandise previously sald to the customer shall, upon request of the Sheriff, any police, tax or revenue officer of the County, furnish evidence of his claim, other than his mere statement. The evidence may be an invoice or signed order describing the goods, wares or merchandise involved and the amount and price thereof. Failure to furnish such .evidence shall be sufficient ground for charging the person operating the vehicle involved in the delivery with a violation of this ordinance. Sections 51 through 55. Reserved. DIVISION 5. .FINANCIAL REAL ESTATE AND PROFESSIONAL SERVICES Section 56. Amount of tax. 1 The license tax on each person engaged in financial, real estate or professional services shall be either $30.00 or 35 cents per $100.00 of gross receipts up to $1,500,000.00 and 23 1/3 cents per $100.00 of gross receipts over $1,500,000.00, whichever is greater. Section 57. Application of tax to financial services. (a) Any person rendering a service for compensation in the form of a credit agency, an investment company, a broker or dealer in securities and commodities or a security or commodity exchange is providing a financial service and is subject to the tax prescribed in this division, unless such service is specifically provided for under another section of this article. (b) For the purposes of this division, those engaged in rendering financial services include, but are not limited to, the following: (1) Buying installment receivables. (2) Chattel mortgage financing. (3) Consumer financing. (4) Credit card services. (5) Credit unions, other than federal credit unions. (6) Factors. (7) Financing accounts receivable. (8) Industrial loan companies. (9) Installment financing. (10) Inventory financing. . aooK 14 ~~A~~ ~92 (11) Loan or mortgage brokers. (12) Loan or mortgage companies. (13) Safety deposit box companies. (14) Security and commodity brokers and services. • (15) Stockbrokers. (16) Working capital financing. (c) For the purposes of this section, any person, other than a national bank or bank or trust company organized under the laws of this- state or a duly licensed and practicing attorney at law, who engages in the business of buying or selling for others,. on commission of for other compensation, shares in any corporation, bonds, notes or other evidences of debt, is a stockbroker. The fact that orders are taken subject to approval by a main office does not relieve any broker from local license taxation under this division. Also, an insurance company engaged in selling mutual funds is a broker as to that portion of its business. Section 58. Application of tax to real estate services. (a) Any person rendering a service for compensation as lessor, buyer, seller, developer, agent or broker is providing a real estate service and is subject to the tax prescribed in this division, unless such service is specifically provided for under another section of this article. (b) For the purposes of this division, those rendering real estate services include, but are not limited to the following: (1) Appraisers of real estate. (2) Escrow agents, real estate. ' (3) Fiduciaries, real estate. (4) Lessors of real property. ' (5) Owner-operators and lessors of hotels, motels, motor lodges, auto courts, tourist courts, transient trailer parks, lodging houses, rooming houses and boardinghouses. (6) Real estate agents, brokers and managers. (7) Real estate selling agents. (8) Rental agents for real estate. (c) The tax prescribed in this division shall not apply to any person engaging in the business of renting real property, as the owner of such property, other than hotels, motels, motor lodges, auto courts, tourist courts, transient trailer parks, lodging houses, 1 1 1 aoo~ 14 ~ac~ 93 1 1 rooming houses and boardinghouses. Section 59. Application of tax to professional services. (a) A person is engaged in providing a professional service and is subject to the. tax prescribed in this division, if he is engaged in rendering any service specifically enumerated in subsection (b) below or in any occupation or vocation in which a professed knowledge of some department of science or learning, gained by a prolonged course of specialized instruction and study, is used by its practical application to the affairs of others, either advising, guiding, or teaching them, and in serving their interests or welfare in the practice of an art or science founded on it. The word "profession implies attainments in professional knowledge, as distinguished from mere skill, and the application of knowledge to uses for others as a vocation. (b) For the purposes of this division, those engaged in rendering a professional service include, but are not limited to, the following: (1) Architects. (2) Attorneys-at-law. (3) Certified public accountants. (4; Dentists. (5) Engineers. (6) Land surveyors. (7) Pharmacists. (8) Practitioners of the healing arts; as defined in section 54-273 of the Code of Virginia. (9) Surgeons. (10) Veterinarians. Sections 60 through 64. Reserved. DIVISION 6. REPAIR, PERSONAL, BUSINESS AND OTHER SERVICES Section 65. Definitions. For the purposes of this division, the following words and terms shall have the meanings ascribed to them in this section: Business service: Any service rendered for compensation to any business, trade, occupation or governmental agency, unless such service is taxed under another division of this article. Any person buying or selling any kind of goods, wares or merchandise for another on commission is a commission merchant and is engaged in a business service. Personal service: Any service rendered for compensation either upon or for persons, animals or personal effects, unless such service is taxed under another division of this article. BOCK ~~ PAGf 74 Repair service: The repairing, renovating, cleaning or servicing of some article or item of personal property for compensation, unless such service is taxed under another division of this article. Section 66. Amount of tax. The license tax on each person engaged in any repair, personal or business service or any other business occupation or service not taxed under any other division of this chapter shall be either $30.00 or 20 cents per $100.00 of gross receipts up to $1,500,000.00 and 13 1/3 cents per $100.00 of gross receipts over $1,500,000.00, whichever is greater. Section 67. Services included in classification. Those rendering a repair, personal or business service or other service subject to the tax prescribed in this division include, but are not limited to, the following: (1) Advertising agencies. (2) Airports. (3) Ambulance services. (4) Amusements and recreation services, all types, except those taxed under other divisions of this article. (5) Animal hospitals, grooming services, kennels ox stables. (6) Auctioneers and common criers. (7) Automobile driving schools. (8) Barbershops, beauty parlors and hairdressing establishments, schools and services. (9) Bid or building reporting service. (10) Billiard or pool establishments or parlors. (11) Blacksmith or wheelwright. (12) Bondsman. (13){ Booking agents or concert managers. (14) Bottle exchanges. (15) Bowling alleys. (16) Brokers, other than real estate or financial brokers. (17) Business research and consulting services. (18) Chartered clubs. (19) Child care attendants or schools. (20) Collection agents or agencies. (21) Commercial photography, art and graphics. (22) Commercial sports. (23) Commission merchants. 1 ~~ aa~~ ~ 14 rh~F 95 1 [: 1 (24) Dance halls, studios and. schools. (25) Data processing; computer and systems development services. (26) Developing or enlarging photographs. (27) Detective agency and protective services. (28) Drafting services. (29) Engraving. (30) Erecting, installing, removing or storing awnings. (31) Exterminating services, except those constituting contracting under division 2 of this a.cticle. (32) Freight traffic bureaus. (33) Fumigating or disinfecting. (34) Funeral services and crematories. (35) Golf courses, driving ranges and miniature golf courses. (36) ,Hauling of sand, gravel or dirt. (37) Hotels, motels, tourist courts, boarding and rooming houses and transient trailer parks and campsites. (38) House cleaning services. (39) Impounding lots. (40) Information bureaus. (41) Instructors, tutors, schools and studios of music, ceramics, art, sewing, sports and the like. (42) Interior decorating. (43) Janitorial services. (44) Laundry cleaning and garment services, including laundries, dry cleaners, linen supply, diaper service, coin-operated laundries and carpe and upholstery cleaning. (45) Mailing, messenger and correspondent services. (46) Marinas and boat landings. (47) Movie theaters and drive-in theaters. (48) Nickel plating, chromizing and electroplating. (49) Nurse and physician registries. (50) Nursing and personal care facilities, including nursing homes, convalescer.~ homes, homes for the retarded, old age homes and rest homes. (51) Packing, crating, shipping, hauling or moving goods or chattels for others. aooK 14 ~~~F ..96: (52) Parcel delivery services. (53) Parking lots, public garages and valet parking. (54) Pawnbrokers. (55) Personnel services, labor agents and employment bureaus. (56) Photographers and photographic services. (57) Piano tuning. (58) Picture framing and gilding. (59) Porter services. - (60) Press clipping services. (61) Printers. (62) Private hospitals. (63) Promotional agents or agencies. (64) Public relations services. (65) Renting or leasing any items of tangible personal property. (66) Reproduction services. (67) Secretarial services. (68) Septic tank cleaning. (69) Shoe repair, shoe shine and hat repair shops. (70) Sign painting, except as taxed under subparagraph (19) of section 32. (71) Storage, all types. (72) Subdividers and developers.. (73) Swimming pool maintenance and management. (74) Tabulation services. (75) Taxidermist. (76) Telephone answering services. (77) Theaters. (78) Theatrical performers, bands and orchestras. (79) Towing services. (80) Transportation services, including buses and taxicabs. (81) Travel bureaus. (82) Tree surgeons, trimmers and removal services. (83) Turkish, Roman or other like baths or parlors. (84) Wake-up services. (85) Washing, cleaning or polishing automobiles. 1 ~~ BOOK ~ ~4 PACE 97 Sections 68 through 74. Reserved. Section 75. Amount of tax, "direct seller" defined. (a) The rate of tax levied on a direct seller who maintains his place of abode in the County and whose total sales exceed four thousand dollars ($4,000.00) per year shall be either thirty dollars ($30.00), or twenty cents ($0.20) per one hundred dollars ($100.00) of retail sales or five centers ($0.05) per one hundred dollars ($100.00) of wholesale sales, whichever is greater. (b) As used in this section the term "direct seller" means any person who: (1) Engages in the trade or business of selling or soliciting the sale of consumer products primarily in private residences and maintains no public location for the conduct of such business; and (2) Receives remuneration for such activities, with substantially all of such remuneration being directly related to sales or other sales-oriented services, rather than to the number of hours worked; and 1 1 (3) Performs such activities pursuant to a written contract between such person and the person for whom the activities are performed and such contract provides that such person will not be treated as an employee with respect to such activities for federal tax purposes. // On motion of Supervisor Ross, the Board voted unanimously (5-0) to approve the budget transfer request to transfer $3,500 from line item 1201-1003 to line items 1201-5401, 1201-5501, 1201-5504, 1201-5801 and 1201-3004, and $2,000 from line item 1101-7002 to 1101-5413. // The Board directed County Administrator Standish to draft a letter to R. W. Coates, Resident Engineer, Virginia Department of Transportation, to initiate efforts to address the problems of litter along the State maintained roads in Isle of Wight County,. especially Routes 665, 668 and 669. it On motion of Supervisor Edwards, the Board voted unanimously (5-0) to approve the General Fund Bill Register, in the amount of $65,715.60, as well as the manual checks written during the month of March, in the amount of $125,619.45. // Per recommendation of County Attorney Crook and on motion of Supervisor Bradshaw, the Board voted unanimously ~~ (5-0) to approve the March 17, 1988 Board of Supervisors minutes. // -. BD01f ~4 PACE c70 At 11:15 P.M. Supervisor Ross moved the meeting be continued until 7:00 P.M. Thursday, April 28, 1988. The motion carried unanimously (5-0). .~ Myles E. S andish, C1 + eery H. radby, Chairman 1 e 1